Should forensic patients be informed of evaluators' opinions prior to trial?

There are several articles in the literature that discuss the problems which occur when persons who have been evaluated by forensic clinicians hear the results of those evaluations for the first time in court. The authors agree that the scenarios presented are problematic but suggest that in many cases the problems can be avoided by sharing the information with the person prior to presenting it in court. They present several case examples to illustrate their point.     

The presentation of expert testimony via live audio-visual communication

As part of a national effort to improve efficiency in court procedures, the American Bar Association has recommended, on the basis of a number of pilot studies, increased use of current audio-visual technology, such as telephone and live video communication, to eliminate delays caused by unavailability of participants in both civil and criminal procedures. Although these recommendations were made to facilitate court proceedings, and for the convenience of attorneys and judges, they also have the potential to save significant time for clinical expert witnesses as well. The author reviews the studies of telephone testimony that were done by the American Bar Association and other legal research groups, as well as the experience in one state forensic evaluation and treatment center. He also reviewed the case law on the issue of remote testimony. He then presents data from a national survey of state attorneys general concerning the admissibility of testimony via audio-visual means, including video depositions. Finally, he concludes that the option to testify by telephone provides a significant savings in precious clinical time for forensic clinicians in public facilities, and urges that such clinicians work actively to convince courts and/or legislatures in states that do not permit such testimony (currently the majority), to consider accepting it, to improve the effective use of scarce clinical resources in public facilities.     

Relationship status of battered women over time

A longitudinal study of 114 women, all having serious problems in intimate relationships, recruited from the community was undertaken in order to investigate relationship and battering status over time. In the original sample (N=193), 97 women were battered and 96 were not battered, as determined by an adaptation of the Conflict Tactics Scale. Of the 114 who returned approximately 2 and 1/2 years later, only 25% of the 51 originally battered women were still in that category. Discriminant function analysis using a combination of variables from established instruments (depression, self-esteem, physical symptoms, self-care agency) and in depth interview (education, relationship control, relationship duration, childhood abuse) failed to distinguish those battered from those not abused at Time 2. Results do not support a learned helplessness model for most women experiencing abuse, and they suggest that battered women seen in the health care and/or social services systems should be supported in a process of healthy decision making about their relationship status.     

A Public Accounting: "Behind the State Budget"

Editor's Note: This article has been adapted from a series of articles written by Howard F. Miller for the Albany (N.Y.) Times-Union in February 1961. Dr. Miller, who resigned as New York State's director of the budget this past June after an extended illness, now serves as fiscal policy advisor to the governor. His stature as a fiscal expert is attested to by his selection by four governors, two Republicans and two Democrats, to serve as deputy director of the budget, a discretionary political appointment.
Dr. Miller, a graduate of Syracuse University who earned two graduate degrees from Harvard, also served as secretary of the Ways and Means Committee of the New York State Legislature from 1965 to 67. While there, he established the first full-time professional analytical staff in the legislature.
The only person in the history of New York State to hold the top fiscal staff positions in both the legislative and the executive branches, Dr. Miller was on the faculty of the Maxwell School at Syracuse University from 1947 to 1969, except for periods while on leave to New York State.     

Soft tissue radiography in determining contact and near-contact gunshot wounds.

Contact and near-contact gunshot wounds ordinarily show distinctive gunpowder patterns, muzzle imprints, or tearing of the skin. Microscopic and chemical examination have been used to estimate firing distances. A new method that utilizes soft tissue radiography is described. Nonjacketed lead bullets deposit a pattern of fragments and residues in tissue circumscribing contact and close gunshot wounds. Various patterns are presented to contrast the appearance of contact from distant gunshot wounds using various firearms and different types of bullets. This procedure may be used as an adjunct in the determination of contact and close gunshot wounds.